Scottish National Dictionary (1700–)
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First published 1965 (SND Vol. VI).
This entry has not been updated since then but may contain minor corrections and revisions.
MULTIPLEPOINDING, n. Also †-poyndeing. [-pɪndɪŋ]
Sc. Law: An action which may be brought by or in the name of one holding money, property or other effects, e.g. as a debtor or trustee, to determine in court which of two or more claimants has a preferential claim thereto, corresp. to the Eng. law term interpleader.e.Lth. 1701 Rec. Sc. Cloth Manuf. (S.H.S.) 262:
Orders a summonds of multiplepoyndeing to be reased against Mr David Drummond.Sc. 1722 W. Forbes Institutes I. iv. 246:
In a Suspension of Multiple-poinding, it sufficeth to stop Protestation at the Instance of one of the Chargers, wanting the Concurrence of the rest, that the Suspender produce a Copy of the Suspension.Sc. 1754 Erskine Principles iv. i. § 30:
The action of double or multiple poinding may be also reckoned declaratory. It is competent to a debtor, who is distressed or threatened with distress, by two or more persons claiming right to the debt, and who therefore brings the several claimants into the field, in order to the debating and settling their several preferences, that so he may pay securely to him whose right shall be found preferable.Sc. 1824 Scott Redgauntlet Letter xiii.:
If not his debtor, how can he bring a Multiplepoinding, the very summons of which sets forth, that the pursuer does owe certain monies, which he is desirous to pay by warrant of a judge?Sc. 1874 G. Outram Lyrics 38:
From the north, from the south, from the east, from the west, Come claimants, each deeming his own claim the best, — What myriads of lawyers are then in request To manage the Multiplepoinding!Arg. 1901 N. Munro Doom Castle iv.:
Here's Drimdarroch wi' the lave, at any rate the weight of it in processes, records, caveats, multiple-poindings, actions of suspension and declarator, interim decrees, fugie warrants, compts and reckonings.Sc. 1963 Scotsman (22 Nov.) 12:
Notice is hereby given, That an Action of Multiplepoinding and Exoneration has been raised in the Court of Session . . .
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"Multiplepoinding n.". Dictionary of the Scots Language. 2004. Scottish Language Dictionaries Ltd. Accessed 14 Nov 2024 <http://www.dsl.ac.uk/entry/snd/multiplepoinding>